Patna High CourtMJC/7/2015disposed

Kumar Chandra Prakash v. The State Of Bihar And ORS

2016-10-19Mr. Justice Hemant Kumar Srivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.7 of 2015 In Civil Writ Jurisdiction Case No. 9102 of 2007 ====================================================== Kumar Chandra Prakash, Son of Late Sarandhar Prasad Singh, Residing in B/12, Housing Colony, P.S. Kankarbagh, Town and District Patna-20. .... .... Petitioner

Versus

1. The State of Bihar through the Secretary, Atul Kumar, Son of not known, Co-operative Department, Govt. of Bihar, Patna.

2. Sri Sunil Kumar Singh, Son of not known, the Chairman, Bihar State Cooperative Marketing Union Limited, Patna.

3. Sri Shatrughan Kumar Choudhary, Son of not known, The Managing Director, Bihar State Cooperative Marketing Union Limited, Patna.

4. Sri Sanjeev Lochan Mishra, Son of not known, The Accounts Officer Central Account/Establishment account, Bihar State Cooperative Marketing Union Limited, Patna.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madan Prasad Singh No-2, Adv. For the Respondent/s : Mr. Ishwari Singh, Adv. For the BISCOMAUN Mr. Rajendra Pd. Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-10-2016 Heard learned counsel for the petitioner as well as learned counsel appearing for the BISCOMAUN.

The grievance of the petitioner is that the salary and other retrial dues of the petitioner have not been paid as yet though some persons who were retired after superannuation of the petitioner have already got their dues but learned counsel appearing for the BISCOMAUN refuted the above stated submissions and submits that except salary, almost all the retrial

Patna High Court MJC No.7 of 2015 (7) dt.19-10-2016 2/3 dues of the petitioner has already been paid and so far as salary is concerned, the same is being paid to the retired employees of the BISCOMAUN in chronological manner and this court has also directed the BISCOMAUN to make payment of dues of the petitioner in chronological manner.

From perusal of order dated 21.02.2014 passed in CWJC No. 9102 of 2007, it would appear that this court directed the Managing Director, BISCOMAUN to dispose of representation petition of the petitioner within three months and shall ensure the payment of admitted dues of the petitioner within the period as fixed by the Managing Director, BISCOMAUN and the said payment be made in chronological order, when the term of the petitioner comes.

Learned counsel for the petitioner submits that in the light of order dated 21.02.2014 passed in CWJC No. 9102 of 2007 petitioner filed representation petition but no order on his representation petition was passed by the Managing Director, BISCOMAUN though some payment was made to the petitioner. In view of the aforesaid facts and circumstances, this contempt petition stands disposed of with observation that the Managing Director, Bihar State Cooperative Marketing Union Limited, Patna must decide the representation petition of the

Patna High Court MJC No.7 of 2015 (7) dt.19-10-2016 3/3 petitioner within two months and communicate his decision to the petitioner, failing which the petitioner shall have right to file a fresh contempt petition.

(Hemant Kumar Srivastava, J) SHAHZAD/- U